Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
7 Cards in this Set
- Front
- Back
|
Who can sue and who can be sued? |
Who can sue- only a person with an interest in the land affected will be able to sue (Transco V Stockport BC) Who can be sued- The D will be the person who has control of the land from which the escape originates from (Smith V Scott) |
|
|
What must next be established? |
Has something escaped over the boundary of the Ds land? The “thing” must escape over the boundary of the defendants land onto the claimants land ESCAPE? Yes- Hale v Jennings Bros No- Ponting V Noakes No- Read V Lyons Irrelevant that the defendant took reasonable care to prevent the escape as Rylands V Fletcher is a strict liability tort |
|
|
What must the thing be? |
The thing must be accumulated on the land- the dangerous thing that escaped must have been brought onto the land by the defendant It must be artificially accumulated rather than be present naturally as in Giles V Walker |
|
|
There must be a non- natural use of the land, expalin |
Was the “thing” dangerous or likely to do mischief if it escaped? The substance accumulated must be dangerous, it must have been likely to do mischief if it escaped- two definitions must be applied 1. Defendants use of the land must be extraordinary or unusual (Transco V Stockport) 2. A non- natural use of the land can be defined as ‘some special use bringing with it increased danger to others and must not merely be the ordinary use of the land’ (Rickards V Lothian) |
|
|
Explain the remoteness of damage |
was the D aware of, could he have foreseen, that the ‘thing’ would cause damage if it escaped (remoteness of damage test as confirmed in Cambridge water company V Eastern Counties Leather) the escape must cause damage to land/ property or loss of amenity/ enjoyment and NOT PERSONAL INJURY |
|
|
What are the defences? |
Act of God- Nichols V Marsland Act of a stranger- Rickards V Lothian Perry V Kendricks Transport Ltd Statutory Authority- Green V Chelsea Waterworks Co Volenti- Peters V Prince of Wales theatre ltd Common benefit- Dunne V North Western Gas Board |
|
|
What are the remedies? |
Damages Injunction Abatement |
